June 26, 1995 CONGRESSIONAL RECORD — SENATE S9101 SENATE CONCURRENT RESOLUTION 11 certain safeguards to ensure that the 224–3543 or Betty Nevitt at (202) 224– At the request of Ms. SNOWE, the interests of investors are well pro- 0765. names of the Senator from California tected under the implied private action f [Mrs. FEINSTEIN], the Senator from Illi- provisions of the act; as follows: nois [Ms. MOSELEY-BRAUN], and the On page 134, strike line 6, and insert the AUTHORITY FOR COMMITTEES TO Senator from Massachusetts [Mr. following: MEET KERRY] were added as cosponsors of ‘‘(A) NET FINANCIAL WORTH.—Each’’. COMMITTEE ON ARMED SERVICES Senate Concurrent Resolution 11, a On page 134, strike lines 9 through 15, and insert the following: ‘‘that the net financial Mr. D’AMATO. Mr. President, I ask concurrent resolution supporting a res- unanimous consent that the Com- olution to the longstanding dispute re- worth of the’’. On page 134, line 23, strike ‘‘50 percent’’ mittee on Armed Services and its sub- garding Cyprus. and insert ‘‘100 percent’’. committees be authorized to meet June SENATE RESOLUTION 103 26 to mark up the Department of De- At the request of Mr. DOMENICI, the BOXER (AND GRAHAM) fense Authorization Act for fiscal year names of the Senator from New Mexico AMENDMENT NO. 1473 1996. [Mr. BINGAMAN] and the Senator from The PRESIDING OFFICER. Without Mrs. BOXER (for herself and Mr. Hawaii [Mr. INOUYE] were added as co- objection, it is so ordered. GRAHAM) proposed an amendment to sponsors of Senate Resolution 103, a the bill, S. 240, supra; as follows: f resolution to proclaim the week of Oc- tober 15 through October 21, 1995, as At the appropriate place, insert the fol- ADDITIONAL STATEMENTS National Character Counts Week, and lowing: SEC. . STUDY AND REPORT ON PROTECTIONS for other purposes. FOR SENIOR CITIZENS AND QUALI- IN MEMORY OF THE LATE SEN- f FIED RETIREMENT PLANS. (A) FINDINGS.—The Congress finds that— ATOR MARGARET CHASE SMITH SENATE CONCURRENT RESOLU- (1) senior citizens and qualified retirement ∑ Ms. SNOWE. Mr. President, last Fri- TION 18—AUTHORIZING THE AR- plans are too often the target of securities day I joined with the people of Maine CHITECT OF THE CAPITOL TO fraud of the kind evidenced in the Charles and America in celebrating the life of TRANSFER THE CATAFALQUE Keating, Lincoln Savings & Loan Associa- tion, and American Continental Corporation Senator Margaret Chase Smith, who Mr. DOLE (for himself and Mr. situations; had a distinguished 32 years of service DASCHLE) submitted the following con- (2) this Act, in an effort to curb unfounded in Congress on behalf of my home current resolution; which was consid- lawsuits, changes the standards and proce- State of Maine. ered and agreed to: dures for securities fraud actions; and Senator Smith passed away this Me- S. CON. RES. 18 (3) the Securities and Exchange Commis- morial Day at the age of 97. With char- sion has indicated concern with some provi- acteristic modesty, she asked that no Resolved by the Senate (the House of Rep- sions of this Act. resentatives concurring), That the Architect of funeral be held, and that instead that a (b) IN GENERAL.—Not later than 180 days the Capitol is authorized and directed to after the date of enactment of this Act, the memorial service be scheduled at a transfer to the custody of the Chief Justice Securities and Exchange Commission shall— later date. That service is scheduled to of the United States the catafalque which is (1) determine whether investors that are occur this afternoon in Senator presently situated in the crypt beneath the senior citizens or qualifed retirement plans Smith’s home town of Skowhegan, ME, rotunda of the Capitol so that the said cata- require greater protection against securities falque may be used in the Supreme Court at the Margaret Chase Smith Library. fraud than is provided in this Act and the During her tenure in Congress, Mar- Building in connection with services to be amendments made by this Act, and conducted there for the late Honorable War- garet Chase Smith became known for (2) if so, submit to the Congress a report her independence and her conscience as ren Burger, former Chief Justice of the Su- containing recommendations on protections preme Court of the United States. that the Commission determines to be appro- well as for her legislative accomplish- f priate to thoroughly protect such investors. ments. In 1953, she identified her creed (c) DEFINITIONS.—For purposes of this sec- that guided her both in life and in the SENATE CONCURRENT RESOLU- tion— Senate. TION 19—CORRECTING THE EN- (1) the term ‘‘qualified retirement plan’’ Her creed is as follows: ROLLMENT OF H.R. 483 has the same meaning as in section 4974(c) of My Creed is that public service must be Mr. PACKWOOD submitted the fol- the Internal Revenue Code of 1986; and more than doing a job efficiently and hon- (2) the term ‘‘senior citizen’’ means an in- estly. It must be a complete dedication to lowing concurrent resolution; which dividual who is 62 years of age or older as of was considered and agreed to: the people and to the nation with full rec- the date of the securities transaction at ognition that every human being is entitled S. CON. RES. 19 issue. to courtesy and consideration, that con- Resolved by the Senate (the House of Rep- f structive criticism is not only to be expected resentatives concurring), That, in the enroll- NOTICE OF HEARING but sought, that smears are not only to be ment of the bill (H.R. 483) to amend title expected but fought, that honor is to be XVIII of the Social Security Act to permit COMMITTEE ON ENERGY AND NATURAL earned but not bought.—MARGARET CHASE medicare select policies to be offered in all RESOURCES SMITH, November 11, 1953. States, and for other purposes, the Clerk of Mr. MURKOWSKI. Mr. President, I Senator Smith—always prepared to the House of Representatives shall make the would like to announce for the infor- following correction: Amend the title so as speak for what is right in society—also to read as follows: ‘‘An Act to amend the mation of the Senate and public that a identified, in her book ‘‘Declaration of Omnibus Budget Reconciliation Act of 1990 hearing has been scheduled before the Conscience,’’ some of the perils that to permit medicare select policies to be of- full Committee on Energy and Natural face our society. I think that, as we fered in all States.’’. Resources to review the Secretary of mark Senator Smith’s passing today, it f Energy’s strategic realignment and is appropriate to again consider Mar- downsizing proposal and other alter- garet Chase Smith’s ‘‘tribute to the AMENDMENTS SUBMITTED natives to the existing structure of the square’’: Department of Energy. In today’s growing, but tragic emphasis on The hearing will take place Tuesday, materialism, we find a perversion of the val- PRIVATE SECURITIES LITIGATION July 11, 1995, at 9:30 a.m., in room SD– ues of things in life as we once knew them. REFORM ACT OF 1995 366 of the Dirksen Senate Office Build- For example, the creed once taught children ing in Washington, DC. as they grew up was that the most important Those wishing to testify or who wish thing was not in whether you won or lost the SARBANES AMENDMENT NO. 1472 to submit written statements should game, but in ‘‘how you played the game’’. That high level attitude that stresses the Mr. SARBANES proposed an amend- write to the Committee on Energy and moral side no longer predominates in this ment to the bill, S. 240, to amend the Natural Resources, U.S. Senate, Wash- age of pragmatic materialism that increas- Securities Exchange Act of 1934 to es- ington, DC 20510. For further informa- ingly worships the opposite creed that ‘‘the tablish a filing deadline and to provide tion, please call Karen Hunsicker (202) end justifies the means’’ or in the attitude of

VerDate Aug 31 2005 05:42 May 28, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S26JN5.REC S26JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9102 CONGRESSIONAL RECORD — SENATE June 26, 1995 get what you can in any way, manner, or the ATF now has 60 days, instead of 45, Having worked actively as a Free means that you can...—‘‘A Ttribute to the to investigate before granting a li- Soil Democrat, he eventually left the Square,’’ December 21, 1964, Quoted in Mar- cense. Additional reforms raised the li- party for that of Lincoln and was elect- garet Chase Smith, ‘‘Declaration of Con- censing fee from a mere $30 to $200. In ed to the U.S. Senate in 1864 on the Re- science.’’ fact, several recent cases have led to publican ticket. There, he quickly Now, three decades after Senator prosecution and conviction on felony earned the respect of his colleagues Smith wrote those words and four dec- licensing and recordkeeping violations. and, later, the notice of his President, ades after her ‘‘Declaration of Con- The report also shows the problems Gen. Ulysses S. Grant. President Grant science’’ speech, her words ring as true with interstate trafficking of firearms, nominated Williams to serve as his At- as they did when Margaret Chase and provides yet another argument in torney General. Williams withdrew his Smith first uttered them. We may favor of national firearms regulations. name from consideration, however, fol- learn from them even today, as we cel- Many of the guns recovered from crime lowing a set of intriguing cir- ebrate Senator Smith’s memory, her scenes in southern California were cumstances, all of which are detailed ∑ conscience, and her values. traced to dealers in neighboring States in the article which I will submit for f with less stringent regulations: 30 per- the RECORD following my remarks. THE SOUTHERN CALIFORNIA ATF cent of the guns included in the study Mr. President, in a city guided all too FIREARMS TRACE STUDY were traced to dealers in 40 States often by ego, I am always pleased to other than California. Arizona and Ne- ∑ discover unsung heros, those who Mr. SIMON. Madam President, I vada comprised 25 percent of the out- sought only to serve their countrymen, would like to draw my colleagues’ at- of-State purchases. not themselves. As noted author Wal- tention to a recent report released by California is a State with strong gun ter Lippman once said: ‘‘The final test the southern California field office of trafficking laws. All gun transfers, in- of a leader is that he leaves behind in the Bureau of Alcohol, Tobacco and cluding those involving private parties, other men the conviction and the will Firearms [BATF]. This report details a must go through a dealer and be ap- to carry on.’’ George Henry Williams firearms trace study conducted on fire- proved by the California Department of was such an inspirational figure. arms found in crime scenes in southern Justice. Prospective purchasers of I ask that the article from the Or- California. The BATF’s objective in handguns and long guns are screened egon State Bar Bulletin appear in the conducting this study was to help de- during a 15-day waiting period and ap- RECORD. termine the source of crime guns and proved buyers are perpetually recorded [From the Oregon State Bar Bulletin, May suggest practices to counter the threat in a computer database. California for- 1995] posed by illicit traffic in firearms. The bids the possession of certain assault OREGON’S GENTLE GIANT—THE LIFE OF results of the study provide evidence weapons and forbids felons from pos- GEORGE HENRY WILLIAMS: SENATOR, ATTOR- that many firearms used in crimes sessing any type of firearm whatsoever. NEY GENERAL, AND LAWYER come from licensed firearms dealers. By comparison, the laws of sur- (By C.E.S. Wood) The results also reveal the problems of rounding States, such as Nevada and George Henry Williams was born in a log interstate trafficking in firearms, and Arizona, are highly permissive. Neither cabin in New York state in 1823. Both of his the need for uniform, national firearms State imposes any restrictions other grandfathers served in the Continental Army regulations. than the minimum Brady Bill require- during the Revolutionary war. He studied The report, titled ‘‘Sources of Crime ments. Long gun sales and private law, and in 1844, at the age of 21, he was ad- guns in Southern California’’ describes transactions are not regulated and mitted to the bar at Syracuse. Soon after- ward he started West to seek his fortunes as the results of a firearms trace study in there is no central registry of handgun which special agents and intelligence a lawyer. sales. Nationwide there were but a few miles of analysts reviewed police reports and I would like to commend the ATF for railroad at the time—none west of Indiana. submitted trace requests for 1,764 guns conducting this important firearms There were no telegraph lines. Travel was by recovered by selected law enforcement trace study. The results of their report river, canal and coach. Pittsburgh and St. agencies in Los Angeles, Orange, and should help to inform the debate on Louis were the Western frontier. Chicago did San Diego Counties between January 1, gun control legislation.∑ not exist. He made his way by the Erie 1994 and November 10, 1994. Canal, the Ohio Canal, the Ohio River as far f The results of the study raise serious as St. Louis and then up the Mississippi to questions about some of the rhetoric THE LIFE OF GEORGE HENRY Fort Madison, Iowa. His wealth was the Stat- WILLIAMS utes of New York and some bank notes of used to oppose firearms regulations. New York state banks. Last year, as I worked to tighten li- ∑ Mr. HATFIELD. Mr. President, Unfortunately, while Williams was count- censing requirements for Federal fire- throughout its colorful history, the ing backnotes in Pittsburgh in order to ex- arms dealers, many who opposed my State of Oregon has been blessed with change them for western notes, they were proposals claimed that licensed gun the talents of many distinguished lead- snatched from him in a robbery. By virtue of dealers are not the source of guns used ers. In my readings, I have been struck his honest face he procured passage on boats in crimes. This report shows that, at by the number of these great Oregon to St. Louis and then Fort Madison. least in southern California, that is In 1847, on the admission of Iowa as a state, citizens who have received little notice he was elected a district judge. The same just not true. The ATF report outlined from the writers of U.S. history. One year he first met Abraham Lincoln at a con- six sources of the guns recovered from such individual is Senator George ference in Chicago. Here began a great, life- crime scenes. By far the largest source Henry Williams. long friendship between these two with much was licensed gun dealers: Commercial I was reminded of Judge Williams’ background in common—born in poverty in gun dealers accounted for 80 percent of important role in Oregon history by an log cabins, growing to the rugged strength the guns recovered. article which recently appeared in the and height of giants, athletic and sympa- According to the study, many signifi- Oregon State Bar Bulletin. The article, thetic to the great masses. Judge Williams cant gun trafficking cases involved at- excerpted from Judge Williams’ obit- would later be selected as one of the escorts of honor and one of the pall bearers at Lin- home dealers who purchased large uary, was skillfully edited by Julie coln’s funeral. quantities of firearms from distribu- Hankin of the Bulletin. This excellent As an anti-slavery Democrat, Judge Wil- tors, then resold them without paper- piece of history gives us a glimpse into liams campaigned throughout Iowa for work. Recent legislation, from the the extraordinary life of a great Amer- Franklin Pierce and was elected one of the Brady law to my gun dealer licensing ican and I recommend it to my col- presidential electors on the Democratic tick- reforms in last year’s crime bill, has leagues. et. Shortly after Pierce’s inauguration in begun to address the serious lack of A contemporary and close friend of 1853, at the suggestion of his friend, Sen. Ste- oversight on licensed gun dealers. As a Abraham Lincoln, Judge Williams phen A. Douglas, Williams was appointed chief justice of Oregon Territory. He was 30 result of my reforms, Federal firearms came to Oregon following his appoint- years old. The appointment was without his licenses now require a photograph and ment as Chief Justice of the Oregon knowledge and contrary to his wish. fingerprints, dealers are required to territory in 1853. His ambition, how- He had gotten married in 1850 in Iowa to comply with State and local laws, and ever, was to serve in the U.S. Senate. Miss Kate Van Antwerp and found his $1,000

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